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Acceptable Use Policy

REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. REAL VIEW PROMOTIONS INC’s and XTREME MARKETING CODE’s services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others’ use or enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely affecting the availability, reliability, or stability of REAL VIEW PROMOTIONS INC’s and XTREME MARKETING CODE’s services
  • Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of REAL VIEW PROMOTIONS INC’s and XTREME MARKETING CODE’s services
  • Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE, any REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE client, affiliate or any of their subscribers
  • Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
  • Using the services in any manner that may subject REAL VIEW PROMOTIONS INC and XTREME MARKTING CODE or any third party to liability, damages, or danger
  • Using the services in any manner that violates any applicable third-party policy or requirement
  • Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines, or any other industry standard
  • Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
  • Using any property or material trademarked or copyrighted by REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE in any manner other than those expressly permitted under these Terms of Use
  • In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity
  • Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
  • Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
  • Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail
  • Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)
  • Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
  • Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
  • Interfering with or disrupting any network connected to REAL VIEW PROMOTIONS INC services or violating the regulations, policies, or procedures of any such network
  • Using the REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE services or any component thereof in a manner not authorized by REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE.

Prohibited Content

In addition to and without limitation to terms under the Acceptable Use Policy, REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE prohibits any use of the service in connection with any of the following types of content, products, and services.

  • Pornography, sexual products, otherwise sexually explicit material, and escort services
  • Illegal drugs and drug contraband
  • Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age
  • Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
  • Instructions or materials for the assembly of bombs or other weapons
  • Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor)
  • Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
  • On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age
  • Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)
  • Any libelous, defamatory, scandalous, threatening, or harassing activity
  • Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
  • Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence
  • Any product or service related to death (e.g., mortuaries and cemeteries)
  • Any product or service that is unlawful where such product or service or promotion thereof is received
  • Images of authors, artists, photographers, or others without prior express written consent form the content owner
  • Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier

Warranty Disclaimer

REAL VIEW PROMOTIONS INC AND XTREME MARKETING CODE PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. REAL VIEW PROMOTIONS INC, XTREME MARKETING CODE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, REAL VIEW PROMOTIONS INC AND XTREME MARKETING CODE DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, REAL VIEW PROMOTIONS INC DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH REAL VIEW PROMOTIONS INC AND XTREME MARKETING CODE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION

NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY REAL VIEW PROMOTIONS INC, XTREME MARKETING CODE, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.

Indemnification

You hereby agree to defend, indemnify, and hold harmless REAL VIEW PROMOTIONS INC, XTREME MARKETING CODE and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE account, (iii) any other use of REAL VIEW PROMOTIONS INC’s and XTREME MARKTING CODE’s service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to REAL VIEW PROMOTIONS INC’s and XTREME MARKETING CODE’s system, records, data, or settings.

You agree that REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates REAL VIEW PROMOTIONS INC’s and XTREME MARKETING CODE’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from REAL VIEW PROMOTIONS INC, XTREME MARKETING CODE, and its affiliates whether or not REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

Acknowledgements

You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.

  • The service will be subject to YEARLY HOSTING FEE and A ONE TIME LICENCING FEE (FEE’S ARE SUBJECT TO CHANGE AT ANYTIME WITH OUT NOTIFICATION)
  • Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
  • REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.
  • You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to REAL VIEW PROMOTIONS INC and XTREME MARKEING CODE servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
  • If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.
  • You, REAL VIEW PROMOTIONS INC, and XTREME MARKETING CODE agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE representative will be honored. No delay or omission by REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE in exercising any right or remedy under this agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE in any respect whatsoever.
  • In any action or proceeding with you to enforce REAL VIEW PROMOTIONS INC’s and XTREME MARKEING CODE’s rights under the Agreement, you agree that REAL VIEW PROMOTIONS INC will be entitled to recover its costs and attorneys’ fees.
  • The agreement shall be governed by the laws of the State of California, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Los Angeles, California.
  • REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE reserves the right to refuse, suspend, disable, or terminate any party’s service, in whole or in part, at any time, for any reason, and without notice. REAL VIEW PROMOTIONS INC and XTREME MARKETING CODE shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.

If you have any questions, concerns, or comments about the Terms of Use, you may email us at sales_support@realviewpromotions.com

 

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